Scope
Contract Conclusion
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Granting of Usage Rights for Digital Content
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of TwinPeaks – Anne Fritsch Sebastian Saupe GbR (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 The subject of the contract may be – depending on the content description of the Seller – both the one-time provision of digital content and the regular provision of digital content (hereinafter “subscription contract”). In the subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting the Customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment process is handled via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares the acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the contract text will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax or letter) after sending their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be retrieved free of charge by the customer via their password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they have provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information about the right of withdrawal can be found in the seller’s cancellation policy.
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, authenticate themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.5 If a payment method offered via the payment service “Stripe” is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be separately referred. Further information about Stripe is available on the Internet at https://stripe.com/de.
4.6 When selecting the SEPA Direct Debit payment method, the invoice amount is due for payment after a SEPA Direct Debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for advance information has expired. Advance information (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not redeemed due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit although they are not entitled to do so, the customer shall bear the fees resulting from the reversal of the respective credit institution if they are responsible for this.
4.7 When selecting the SEPA Direct Debit payment method, the invoice amount is due after granting a SEPA Direct Debit mandate, but not before the expiry of the advance information period. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the advance information period. Advance information (“Pre-Notification”) is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA Direct Debit. If the direct debit is not redeemed due to insufficient account coverage or the provision of incorrect bank details, or if the customer objects to the debit although not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if they are responsible for this. The seller reserves the right to perform a credit check when selecting the SEPA Direct Debit payment method and to reject this payment method in case of a negative credit check.
4.8 When selecting the bank debit (direct debit) payment method, the invoice amount is due immediately upon conclusion of the contract. The bank debit (direct debit) payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag). If the customer is permitted to use bank debit (direct debit) after the credit check, the payment processing is carried out in cooperation with secupay AG, to whom the provider assigns its payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer’s specified account. In case of assignment, payment can only be made to secupay AG with debt-discharging effect. The bank debit occurs immediately after the customer’s order is sent in the online shop. Even when selecting the bank debit (direct debit) payment method via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits.
4.9 When selecting the direct debit payment method via Stripe, the payment processing is carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe collects the invoice amount from the customer’s bank account on behalf of the seller after granting a SEPA Direct Debit mandate, but not before the expiry of the advance information period. Advance information (“Pre-Notification”) is any communication (e.g., invoice, policy, contract) to the customer announcing a charge via SEPA Direct Debit. If the direct debit is not redeemed due to insufficient account coverage or the provision of incorrect bank details, or if the customer objects to the debit although not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if they are responsible for this. The seller reserves the right to perform a credit check when selecting the SEPA Direct Debit payment method and to reject this payment method in case of a negative credit check.
4.10 When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect claims in its name. PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. The credit card is charged immediately after the customer’s order is sent in the online shop. Even when selecting the credit card payment method via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits.
4.11 When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. Secupay AG collects the invoice amount from the customer’s specified credit card account. In case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer’s order is sent in the online shop. Even when selecting the credit card payment method via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits.
4.12 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to decline this payment method in the event of a negative credit check.
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller’s order processing is authoritative.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of shipping if the customer effectively exercises their right of withdrawal. For return shipping costs in case of an effective exercise of the right of withdrawal by the customer, the provision made in the seller’s cancellation policy applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to consumers as well as soon as the seller has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the customer as follows:
via download
via direct access through the entrepreneur’s website
6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller may provisionally allow the use of the contractual content even before this time. Such provisional permission does not constitute a transfer of rights.
If the seller provides advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8.1 Unless otherwise stipulated in the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims due to defects are excluded;
The limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortened time limits do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.6 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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